High Court of KeralaWP(C)/36688/2015disposed of

Unni Pocker v. State Of Kerala

2015-12-04Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36688 of 2015 (I) ---------------------------- PETITIONER(S):

-------------------------- UNNI POCKER, AGED 50 YEARS, S/O.HYDRU, RESIDING AT THAYYIL HOUSE, MORAYUR, MONGAM, MORAYUR VILLAGE, ERANADU TALUK, MORAYUR P.O., MALAPPURAM DISTRICT, PIN-673 642.

BY ADV. SRI.MANJU ANTONEY.

RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

2. THE DIRECTOR GENERAL OF POLICE, (STATE POLICE CHIEF), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001.

3. RASHEED, AGED ABOUT 39, S/O.LATE MUHAMMED, RESIDING AT KURIKKAL HOUSE, KARIVARAKKUNDU, MANJALPARA, KERALA ESTATE P.O., ERANAD VILLAGE, MALAPPURAM DISTRICT.

4. RAMLA, AGED 34 YEARS, D/O.LATE MUHAMMED, RESIDING AT KURIKKAL HOUSE, KARIVARAKKUNDU, MANJALPARA, KERALA ESTATE P.O., ERANAD VILLAGE, MALAPPURAM DISTRICT.

5. SALMAN, AGED ABOUT 30, S/O.CHALAKKAD ALAVI, RESIDING AT CHEMMALA HOUSE, MANGALPARA, KERALA ESTATE P.O., ERANAD VILLAGE, MALAPPURAM DISTRICT.

R1 & R2 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 36688 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1.

TRUE COPY OF THE LAWYER NOTICE DATED 23/06/2012 ISSUED BY THE PETITIONER THROUGH HIS COUNSEL TO THE 3RD RESPONDENT AND ITS TRUE ENGLISH TRANSLATION. EXT.P2 TRUE COPY OF THE CONTACT DETAILS DATED NIL OF THE 4TH RESPONDENT MOBILE PHONE NUMBER 918606541293 (IDEA) EXT.P3.

TRUE COPY OF THE COMPLAINT DATED 26/05/2015 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE POLICE PROTECTION AGAINST RESPONDENT 3 TO 5.

EXT.P4.

TRUE COPY OF THE FIR AND COMPUTED DOCUMENT IN CRIME NO.1251/2012 OF MANJERI POLICE STATION AND ITS TRUE ENGLISH TRANSLATION.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

--------------------------------------- W.P.(C) No.36688 of 2015 --------------------------------------- Dated this the 4th day of December 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking for police protection alleging threat from respondents 3 to 5. It is stated that the petitioner had married the 4th respondent and respondents 3 to 5 have cheated the petitioner. The petitioner had already filed a complaint as Ext.P3 before the police seeking for necessary protection and since no action has been taken in the matter, the petitioner has approached this Court. The petitioner had also filed a private complaint alleging cheating as against respondents 3 to 5 and the matter is pending before the Chief Judicial Magistrate's Court, Manjeri.

Though the petitioner submits that there is threat from respondents 3 to 5, we do not think that any such situation had arisen, for which, the police had to interfere in the matter. The police can interfere only if there is any offence committed or attempt to commit offence.

W.P.(C) No.36688 of 2015 -: 2 :- Under such circumstances, we dispose of the writ petition permitting the petitioner to prefer appropriate complaint, if there is any offence committed or attempt to commit offence, in which event, the police shall look into the matter and do the needful.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/5.12.2015.